(A) It is hereby declared a nuisance and a violation of this Code against the health, peace and comfort of the village for any property owner, agent, or manager to allow or permit the following to occur on their property:
(1) Rental of a residential unit, rooming house unit or residential building within an apartment community to a tenant who has engaged in or allowed activity prohibited by the Crime-Free Lease Addendum to occur on or near the rental unit, common areas or appurtenances; and
(2) Rental of a residential unit, rooming house unit, or residential building within an apartment community to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant’s household, guest or other party under control of the tenant: commission of three or more village ordinance violations in a six month period.
(B) Division (A) of this section shall not apply to:
(1) Contact made to the police or other emergency services, if:
(a) The contact was made with the intent to prevent or respond to domestic violence or sexual violence;
(b) The intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or
(c) The contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual’s disability;
(2) An incident or incidents of actual or threatened domestic violence or sexual violence against the tenant, household member, or guest occurring in the rental unit or on the premise; or
(3) Criminal activity or a local ordinance violation occurring in the rental unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant’s household, guest, or other party, and against a tenant, household member, guest or other party.
(C) Upon documentation of nuisance activity under § 129F.13(A), the Chief of Police or his/her designee shall provide notice to the property owner or owner’s agent and tenant, in writing, that the property has been determined to be a nuisance property. Said notice shall include the following:
(1) Description of the property sufficient for identification.
(2) A statement listing the applicable violation(s) of § 129F.13.
(3) Notice that § 129F.13 does not penalize tenants or landlords based on:
(a) Contact made to the police or seeking other emergency services, if (i) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (iii) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual’s disability;
(b) An incident or incidents of actual-or threatened domestic violence or sexual violence against the tenant, household member, or guest occurring in the rental unit or on the premise; or
(c) Criminal activity or a local ordinance violation occurring in the rental unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant’s household, guest, or other party, and against a tenant, household member, guest or other party.
(D) Upon receiving such notice, the property owner, agent, or tenant shall have the right to request an informal hearing before the Chief of Police or his/her designee within seven days of receipt of the notice.
(E) For purposes of enforcing § 129F.13, it shall be sufficient evidence that a described offense occurred if the offender has been arrested or cited for one or more of the offenses described therein and the arrest or citation is supported by admissible corroborative evidence that prescribed nuisance activity has occurred. Corroborating evidence may include, but is not limited, to police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist in making a determination that the conduct underlying the arrest occurred.
(Ord. 2008-O-008, passed 5-6-08; Am. Ord. 2015-O-063, passed 12-15-15)